Legal Question in Personal Injury in Pennsylvania
3 1/2'' needle found inside newly purchased stuffed animal
I purchased a stuffed animal from Toys r Us for my 7-year old son. After having it for a short time, came to me crying that something was poking him. I had forgotten to remove the hang tag, figured that's what it was and removed it. Again he can back to me saying that when he hugged it something was hurting him, I looked at his chest and noticed a small puncture wound. I began squeezing the stuffed animal, trying to figure out what could possibly be sharp. I was then that I discovered something hard, inside along the seam of the animal. I was able to get a hold of it and was completely stunned when what I pulled out of the inside of this stuffed animal was a 3 1/2'' long metal sewing needle. Thank God it only poked his chest and not his neck or eye. I need to know what legal recourse I have against Toys R Us or the manufacturer at this point, although my son was not seriously hurt, my husband and I feel very strongly that they need to accept some responsibility in this matter. Can you give me any advice on how we should proceed?
2 Answers from Attorneys
Re: 3 1/2'' needle found inside newly purchased stuffed animal
Thankfully, your son did not suffer serious injury. Legally, it sounds as if you have a claim against the retailer and manufacturer. The expense of proving that the needle was one used by the manufacturer (as opposed to a "plant") likely would greatly exceed the damages value of the claim. A nominal settlement from the retailer may be possible. Getting the manufacturer to take responsibility and effectively investigate its manufacturing processes would be more difficult.
This is general information for discussion purposes and not legal advice because we do not have an attorney-client relationship.
Re: 3 1/2'' needle found inside newly purchased stuffed animal
Thankfully your son was not seriously injured. I hope he has made a full recovery from his minor injury. Although I am sure the experience upset you, since your son was not really injured you should not expect to receive a substantial settlement. In my experience the retailer or manufacturer may compensate you a nominal amount if you bring this incident to their attention. If the manufacturer is a nationally or internationally known company, it may be greatful that you brought this matter to its attention. You may also want to notify the U.S. Consumer Product Safety Agency. I am sure you can locate its web site. Good luck!!
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